Taser Laws in Maryland: Legal or Not?

When it comes to self-defense, the default choices for most folks are either guns or pepper spray with very little in between.

But it turns out there is a pretty good “in-between” choice in the form of a taser. It’s more decisive than pepper spray, but far less likely to result in a permanent injury or death compared to a firearm.

This makes them an attractive choice for some people who don’t want a gun for whatever reason. But despite being used with law enforcement for decades now, tasers still aren’t legal for civilians everywhere. How about in Maryland? Can you have a Taser legally in Maryland?

Yes, tasers are legal in Maryland. You can purchase and possess a taser and carry one openly without a permit as long as you’re 18. However, you’ll need to get a background check and you probably can’t carry one concealed without a permit.

Maryland is somewhat restrictive concerning lots of weapons laws, and tasers are no different, although surprisingly Maryland is far less strict than some other states as far as tasers are concerned.

There’s also a worrying lack of a precise definition concerning what category electronic control devices fall into among other weapons. There’s more you will need to know, so keep reading.

How are Tasers Classified in Maryland?

Tasers are sort of in a funny spot in Maryland because they get a precise definition in one section, but that definition doesn’t tell us precisely what sort of category of weapons they fall into.

This is critically important for interpreting the rest of the weapons-related statutes and, vitally, weapons-related crimes!

Looking below at section 4-109 we see that tasers easily fall into the definition of an “electronic control device,” which is a portable device designed as a weapon capable of injuring or immobilizing someone via electric current.

Then if we consult section 4-101 covering “dangerous weapons,” we see that electronic control devices, and similar verbiage, are not mentioned. However, that doesn’t mean that a taser might not be construed as a dangerous weapon because it is indeed possible for one to inflict great bodily harm or even death.

Section 4-109 – Electronic Control Device

…

(3)“Electronic control device” means a portable device designed as a weapon capable of injuring, immobilizing, or inflicting pain on an individual by the discharge of electrical current.

Section 4-101 – Dangerous Weapons

(a)(1) In this section the following words have the meanings indicated.

…

(5)(i) “Weapon” includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(ii) “Weapon” does not include:

1. a handgun; or

2. a penknife without a switchblade.

…

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(c)(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

Are Stun Guns Legal in Maryland?

Yes, stun guns broadly fall under the category of “electronic control device” and are legal to purchase, possess and carry in Maryland.

Can You Carry a Taser Openly in Maryland?

Yes, you may openly carry a taser or a stun gun in Maryland as long as:

• ✓ you are legal to possess the device,
• ✓ the device itself is lawful,
• ✓ and you either have a permit to carry a handgun or you are carrying the device as a reasonable precaution against perceived danger and for no unlawful purpose.

Section 4-101 – Dangerous Weapons

…

(b) This section does not prohibit the following individuals from carrying a weapon:

…

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

…

Can You Carry a Taser Concealed in Maryland?

Yes, you can carry a taser concealed in Maryland but chances are good that you must have a concealed weapons permit in order to do so.

This is due to the ambiguity of section 4-101 concerning dangerous weapons. It appears that electronic control devices, and tasers and stun guns, don’t fall under the classification of dangerous weapons but the law is still unclear.

As such until it is clarified, or until there is a significant precedent in the legal system, it’d be best if you had a concealed weapons permit before you decided to carry it concealed in public.

Section 4-101 – Dangerous Weapons

…

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(c)(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

…

Are there Age Restrictions on Taser Ownership or Possession in Maryland?

Yes. You’ll have to be 18 years old or older if you want to purchase, possess and carry a stun gun or taser in Maryland. Note that this means you’ll need to be at least 21 if you want to carry one concealed because that’s how old you have to be to get a concealed weapons permit.

Section 4-109 – Electronic Control Device

…

(b) A person may not possess or use an electronic control device unless the person:

(1) has attained the age of 18 years; and

…

What Do You Need to Do to Purchase a Taser in Maryland?

There are quite a few hoops to jump through if you want to purchase a taser or stun gun in Maryland although it isn’t that bad. As mentioned, you’ve got to be at least 18 for stars, and you also have to have a clean background.

The seller of the taser must conduct a background check and record all of your relevant information to sell you the device and they will furnish it to authorities upon request.

Generally, you cannot have any felonies or domestic violence misdemeanors on your background along with a host of other violations. Check out section 4-109 covering electronic control devices for more exclusions.

Section 4-109 – Electronic Control Device

…

(b) A person may not possess or use an electronic control device unless the person:

(1) has attained the age of 18 years; and

…

(2) has never been convicted of a crime of violence or a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–613, or § 5–614 of this article.

(c) An electronic control device may not be sold and activated in the State unless:

(1) an instructional manual or audio or audiovisual instructions are provided to the purchaser;

(2) the manufacturer maintains a record of the original owner of the electronic control device; and

(3) the manufacturer or seller has obtained a State and federal criminal history records check of the original owner to ensure compliance with subsection (b)(2) of this section.

…

Is Training Mandatory for Taser Ownership in Maryland?

No, training isn’t mandatory if you want to purchase or possess a taser in Maryland, but if you want to carry one concealed you should have a concealed weapons permit and that means you’ll need to get the relevant training.

Where Can You Carry a Taser in Maryland?

You can carry a Taser anywhere that you can legally take weapons, although there are many restrictions in Maryland, and particularly many cities like Baltimore and Ocean City have their own regulations and restrictions on these devices that you’ll need to look up.

For starters, it is a safe assumption that you cannot carry your taser anywhere on private or public property that has a sign up forbidding weapons.

You can also never carry it into or on the grounds of any public school or state-owned or operated building. Includes courthouses and other government offices and installations at all levels.

Naturally, you cannot carry it into the secured area of any airport or other sensitive installation, and you can’t carry it into a police department or sheriff’s office.

When Can You Use a Taser to Defend Yourself in Maryland?

You may only use your taser to protect yourself from a legitimate, imminent threat of unlawful force being used against you they could result in great bodily injury or death.

Tasers must never be used just because you were insulted, used on someone as a joke or for any other lesser purpose. Doing so is a significant crime in Maryland.

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